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Hi,

 

I have received a letter from solicitors regarding 8 metres of fabric that I sold on eBay and Etsy claiming that I import and sell counterfeit products. I bought this fabric online to make curtains and then changed my mind and decided to sell them myself...

 

They're asking for over £2,000 and the total selling price of the fabric was £250...

 

I don't know what to do! Any help would be much appreciated.

 

Thank you

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Wed need a bit more info than that...

 

Selling counterfeit products would prob be a civil action, although that on its own is not sufficient do they claim to represent someone ?

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Also, please will you post up the letter you have received in PDF format – having removed all the personal contact details.

 

Please be aware that we had a lot of this kind of thing complained about in the past. Don't start panicking

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Hi

 

Yes, they're representing Cath Kidston. It seems like the solicitors bought the fabric from me pretending to be a genuine buyer and say that this is a counterfeit fabric.

 

I sew as a hobby and buy most of my fabric from ebay/etsy and Cath Kidston's outlet store. I also sell the fabric leftover from a sewing project on eBay to cover the cost of my hobby.

 

I bought this fabric from an online fabric store back in August who claimed the stock was genuine leftover stock. The price was good so I bought some to make curtains. When it arrived, I realised that it wouldn't be suitable for curtains so I decided to sell it.

 

When I received the letter this morning, I checked the website that I bought the fabric and found out that it's shut down sue to selling counterfeit fabric. I never would have thought that they would make fake fabric...

 

Like I said, I only made about £250 from selling this fabric and the 80 page letter claims I should pay them more than £2,000 in legal fees, sign and return their letter by the 2nd of January...

 

Thank you so much for your help!

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Thread moved to the appropriate forum...please continue to post here to your thread.

 

Regards

 

Andy

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I should also mention that I had less than a meter of this fabric left so I ended the ebay listing right away.

 

Should I be seeking legal advice straight away?

I've never been in a legal trouble before and don't know what to do.

 

Sorry, not familiar with this site, should I be replying to another thread. (you said, you moved this thread to the appropriate thread...)

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Firstly, refer these solicitors to the on-line store your purchased the fabric from, and inform them that you purchased the fabric innocently and in good faith, and therefore they do not have a cause of action to pursue you for any damages they claim, their client's cause of action lay against the on-line store.

 

Secondly, this 80 - page letter they have sent you seems to be excessive and possibly designed to cause you distress and anxiety and confusion so as to get you to pay up.

 

They will have to prove that you knew the fabric was fake when you purchased it and that you knew the fabric was fake when you advertised for sale, and that you intended to make gains and benefits from the sale. They will also have to prove that you knew you were breaching copyright law on the said fabric.

 

Merry Christmas

 

Haunter

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how exactly are they claiming that its counterfeit?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Which companies it that's after you?

 

There are quite a few of these around seem to see themselves as Enforcers and want to make a fast buck.

 

Who are the copyright owners? What is their authority to act? How do they calculate the amount of money they are claiming?

 

Someone above has advised that because you are an innocent party, that there is no basis for any action against you. I'm not entirely sure that this is correct. However, I don't think that you are in the danger that you think you are and I don't think that the claim against you is at all reasonable – and so I don't think you should give in.

 

Quite a lot of these companies rely on causing fear and anxiety in the people there against.

 

Who is it who has written to you? Please will you post the letter in PDF format – as requested above. – Hang on a minute I've just noticed that you said it was 80 pages. Is that really right?

 

I certainly don't at all suggest that you sign it.

 

You say that they bought some of the fabric from you – how much did you sell to them? You said that the issue was about 8 m of fabric. Is this correct?

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The solicitors bought the fabric from me so they have it in their hands.

Cath Kidston is their customer.

 

The letter says that this fabric was not released on to the market with their client's consent.

So maybe they're not saying counterfeit but they're saying that I shouldn't have bought it online and then sold it on eBay...

I got confused when I checked the website and saw the notice that says the website is shut down for selling counterfeit fabric...

 

The letter is 50 pages (sorry for the typo above) with lots of photos of the fabric and ebay listing page printouts

(you're right, it might be a scaring tactic...).

 

I don't have the facility to scan documents so don't know how I can show them to you.

 

Should I write them and try to explain that it wasn't my intention to sell the fabric when I bought it.

The letter says that I have to sign the document that they sent through and send it to them by 02 January.

I don't want to admit to something that I didn't really do.

How should I word this letter?

 

Thank you!

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doesnt matter if you didnt have their consent. You bought it. There was no disclaimer saying that you cannot resell it. Or i hope not. So you sold it.

 

As for your last sentence, please dont go contacting them yet. Theyre like ambulance chasers and youre failling for it hook line and sinker.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Can you show their ebay listing please. Also was there a disclaimer saying you arent allowed to resell it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I think we need to see at least the first couple of pages of the letter – and the last page – the bit that they are asking you to sign. We don't need to seal the pictures et cetera.

 

I've asked you several times which companies it and you haven't responded.

 

It's difficult enough doing things on a forum at a distance like this. It makes it much harder work if we have to ask you repeat leave the same information. You not helping yourself and you are likely to make people less enthusiastic about helping you.

 

Also, I'd like to know exactly how much profit you made out of it.

 

In other words, how many metres did you have? What you pay for it? How much do you sell it for?

 

I quite agree with you that you shouldn't sign anything and you probably we will have to write a letter but until we know more about it I don't think we can really advise you about what to write. Also, I'm not sure that your best interest served in writing to the company that is chasing you. It might be worth writing to Cath Kidston instead.

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Sorry, I thought you asked for the company Cath Kidston and I replied to that twice. If you're asking for the solicitors, it's Palmer Biggs.

 

I bought 10 metres for £90 and sold about 8 metres of it. I sold some of them in 45x50cm pieces so I'll calculate the total price in a few minutes and post here.

 

Sorry, I wasn't trying to be difficult.

 

I thought I was answering your questions, I'm just a bit confused, that's all.

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… – And the letter please.

 

If you're not able to take a very good photograph and then upload in PDF format then I suggest that you buy a scanner. You can buy an excellent one from PC World for less than £50 and it will last you a long time.

 

I'm sorry to be tough – but we help you for free and you get the equivalent of thousands of pounds worth of free advice here – but we expect you at least to have the tools to use this kind of forum.

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Did a little bit of digging on the Wayback Machine and found towntiger.com has a mirror site at http://www.towntiger.win Nothing on the site to suggest that you can not resell the material.

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PLEASE HELP US TO KEEP THIS SITE RUNNING

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No... you can't eat my brain just yet. I need it a little while longer.

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Please do not send the above letter. Do not send anything yet.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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As the on-line store has been shut down for selling counterfeit goods, its assets might be frozen or confiscated, and so the solicitors are trying to recover any sum claimed as a loss from you!

 

You are not legally responsible for the claimed loss.

 

Carry on sowing.

 

Haunter

 

The OP (yaliyas) has provided more than sufficient information on this matter.

 

My above letter is a "suggested draft letter" and "AMEND AS YOU WISH".

 

The case is straightforward based upon the details provided so far.

 

Haunter

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Thank you so much for all your help. I've been reading the other threads that you sent the links to and I still don't know how I feel about this :(

 

The draft letter is much appreciated though!

 

I've gone through my emails to see how much I sold it all for and as suspected it was about £250 and I bought the fabric for £90. I have about a metre of it left and happy to hand it over to them since I can't even stand to look at it now!!!

 

I will upload scanned copies of the first couple of pages as well as the last attachment that they're asking me to sign tonight. I think I found someone who can help me with the scanning...

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you dont have to sign anything. and dont be fooled into thinking you do.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thank you so much for your help!!!

Do not send the above recommended letter. I'm very sorry to say but the advice that you're being given is wrong. I'm out at the moment and when I get back I will give you more detail.

Just keep on reading around and also I still want to know how much money you have made out of this full stop this is very urgent.

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